LEGAL REASONING - 5

Rules (for Questions 1 to 3): (Criminal Law)

A. Whoever enters into or upon property in the possession of another (or having
entered lawfully but remains there unlawfully) with intent to commit an offence
or to intimidate, insult or annoy any person in possession of such property, is
said to commit criminal trespass
B. Whoever commits criminal trespass by entering into or remaining in any
building, tent or vessel used as a human dwelling or any building used as a place
of worship, or a place used for the custody of property, is said to commit “house-
trespass.”
C. The introduction of any part of the criminal trespasser’s body is entering
sufficient to constitute house-trespass.

Facts: Dhevar gets evicted from his flat and loiters on the streets until he reaches a
gurudwara (Sikh place of worship). He goes inside and sits for some time. One of the
worshippers try to get him evicted because of his shabby appearance, fearing that he
may harm the others.

Q1. Dhevar has committed:

(a) Criminal trespass

(b) House-trespass
(c) Both (a) and (b)
(d) None of the above

Q2. Ghura, another man, jumps in the gurudwara at night, to steal the money kept in
the donation box. Ghura can be said to have committed:

(a) Criminal trespass

(b) House-trespass
(c) None of the above because he did not actually steal the box
(d) It cannot be determined

Q3. Ghura argues that he only set one foot inside the gurudwara. But then, he changed
his mind and ran away from the place. Choose the correct statement:

(a) Ghura can use this as a valid defence against charges of trespass
 (b) Ghura cannot use this as a valid defence against charges of trespass
(c) Ghura may be able to use this as a valid defence if there are witnesses to
corroborate this fact
(d) None of the above

Rule (for Questions 4 and 5): (Rules of evidence)

In suits in which damages are claimed, any fact, which will enable the Court to
determine the amount of damages which ought to be awarded, is relevant.

Facts: Vetan filed a case seeking damages for injuries caused due to negligence by
Amit. The court asks Vetan to produce medical records to assess the damages, if any.

Q4. Would these records enlist relevant facts?

(a) Yes
(b) No
(c) It depends on how prominent Vetan’s injuries are
(d) It cannot be determined

Q5. Amit tells the court that Vetan had already taken some financial help from Amit
for medical bills before he came to court. Is this a relevant fact?

(a) Yes
(b) No
(c) It depends on how prominent Vetan’s injuries are
(d) It cannot be determined

Rules (for Questions 6 to 8): (Contract Law)

A. When consent to an agreement is caused by coercion, fraud or

misrepresentation, the agreement is a contract voidable at the option of the
party whose consent was so caused.
B. If the consent was caused by misrepresentation or by silence, fraudulent as per
the Indian Contract Act, the contract will still not be voidable if the party whose
consent was so caused had the means of discovering the truth with ordinary
diligence.
C. A fraud or misrepresentation which did not cause the consent to a contract of
the party on whom such fraud was practiced, or to whom such
misrepresentation was made, does not render a contract voidable.
Facts: Cindy and Camilla enter into an agreement wherein Cindy, intending to cheat
Camilla, convinces her to buy her internet modem for Rs.10,000, falsely representing
that the modem works at a speed of 250 mbps.

Q6. Choose the correct statement:

(a) There is no contract between Cindy and Camilla

(b) There is a contract, voidable at the option of Camilla
(c) There is a contract, voidable at the option of Cindy
(d) None of the above

Q7. Assume that Cindy gives the modem to Camilla for a day for trial and says that
Camilla can agree to the contract if she is satisfied with the modem. Camilla uses it for
a day but does not pay attention to the speed of the modem which is displayed as 100
mbps. She buys the modem from Cindy the next day. Which of the following is correct?

(a) The contract is voidable on account of Cindy’s misrepresentation

(b) The contract is voidable on account of Camilla’s lack of care
(c) The contract is not voidable on account of Cindy’s misrepresentation
(d) None of the above

Q8. Assume that while Cindy misrepresented the speed of the modem to Camilla,
Camilla said that she did not care about the speed of the modem. She just wanted to
buy the modem Cindy had, irrespective of these technicalities. Is the contract between
Cindy and Camilla voidable because of Cindy’s misrepresentation?

(a) Yes
(b) No
(c) It depends on how much money Cindy charges for the modem
(d) It cannot be determined

Rule (for Questions 9 and 10): (Constitutional Law)

A. If a convict is prepared to give an interview to journalists and videographers,

the facility should be allowed to the latter
B. The position of a person sentenced to death is, in this respect, not inferior to
that of a citizen.

Facts: Welma was convicted of stealing ornaments from 13 jewellers in the past one
year. Word spread that she wanted to share her life’s story with people and explain
why she had done the things she did. A journalist from News Yes contacted the prison
authorities to interview Welma. The authorities refused saying that Welma was not a
celebrity who needed to be interviewed.

Q9. Has Rule A been violated in this case?

(a) Yes
(b) No
(c) It depends on who runs the news channel
(d) None of the above

Q10. Assume that when Welma is informed of the request from News Yes, she does
not feel comfortable with the idea of an interview anymore. Can she be forced by prison
authorities to give the interview?

(a) Yes
(b) No
(c) It depends on how much the channel is willing to pay for the interview
(d) It cannot be determined